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The Week's Top Client Alerts — Sponsored by Trending Law

In The House Sponsor, Trending Law, aggregates the most impactful law firm client alerts into consolidated topics for convenient reference by in-house attorneys and other legal professionals:

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  • Thursday, October 12, 2017 8:03 PM | Anonymous member

    Seventh Circuit Provides Clarity on Leaves of Absence and the ADA

    The court analogized those types of circumstances to providing a part-time or modified work schedule, which are spelled out in the ADA as examples of appropriate "reasonable accommodations."

    The Seventh Circuit explicitly rejected the U.S. Equal Employment Opportunity Commission's (EEOC) argument, made in an amicus curiae brief, that a long-term medical leave of absence should qualify as a reasonable accommodation when the leave is 1) of a definite, time-limited duration, 2) requested in advance and 3) likely to enable the employee to perform the essential job functions when he returns.

    Holland & Knight LLP


    19 Alerts

    In IPRs, Petitioner Must Show Claim Amendments Unpatentable

    The US Court of Appeals for the Federal Circuit, sitting en banc, ruled on October 4 that the petitioner challenging the validity of a patent in a Leahy-Smith American Invents Act (AIA) inter partes review (IPR) bears the burden of showing that proposed claim amendments are unpatentable.

    In particular, Judge O'Malley noted that both the PTO and the US Congress acknowledged that a patent owners right to propose amended claims in post-grant proceedings was an important tool.

    Morgan, Lewis & Bockius LLP


    7 Alerts

  • Wednesday, October 04, 2017 2:55 PM | Anonymous member

    Trump and the Big 6 Kick Off Tax Reform Legislation...

    After more than a year since the release of the House Tax Reform Blueprint, President Trump and the Big 6 tax negotiators released a framework today for drafting tax legislation in Congress.

    One theme in the framework is that the complex details are left to Congress for the 25% rate, "the committees will adopt measures to prevent the recharacterization of personal income into business income to prevent wealthy individuals from avoiding the top personal rate."

    Baker Botts L.L.P.


    28 Alerts

    Notice of Proposed Rulemaking on Traditional Baseload Generator Cost Recovery Sent to FERC by Secretary of Energy Rick Perry

    The just and reasonable rate must include pricing to ensure that each eligible resource is fully compensated for the benefits and services it provides to grid operations, including reliability, resiliency, and on-site fuel assurance, and that each eligible resource recovers its fully allocated costs and a fair return on equity.

    Michael Best & Friedrich LLP


    15 Alerts

  • Thursday, September 28, 2017 1:11 PM | Anonymous member

    Lets Get Physical: The Federal Circuit Weighs in on Patent Venue After TC Heartland

    In his order denying transfer, Judge Gilstrap concluded that Cray's single sales executive residing in and working out of his home in the Eastern District of Texas established that Cray had a regular and established place of business in the district, sufficient for venue under Section 1400(b).

    The Court held facts merely show[ing] that there exists within the district a physical location where an employee of the defendant carries on certain work for his employer are insufficient to establish a regular and establish placed of business for venue under 1400(b).

    Troutman Sanders LLP


    63 Alerts

    The Roll-Back of Title IX Policy: What Does This Mean for Educational Institutions?

    Once it decides to open an investigation that may lead to disciplinary action against the responding party, a school should provide written notice to the responding party of the allegations constituting a potential violation of the schools sexual misconduct policy, including sufficient details and with sufficient time to prepare a response before any initial interview.

    If all parties voluntarily agree to participate in an informal resolution that does not involve a full investigation and adjudication after receiving a full disclosure of the allegations and their options for formal resolution and if a school determines that the particular Title IX complaint is appropriate for such a process, the school may facilitate an informal resolution, including mediation, to assist the parties in reaching a voluntary resolution.

    Michael Best & Friedrich LLP


    38 Alerts

    SEC Issues Pay Ratio Guidance

    In addition to the interpretive guidance discussed above, the SEC issued a set of examples and hypotheticals illustrating certain instructions under the rule permitting issuers to use (i) reasonable estimates in the methodology used to identify the median employee and in calculating the annual total compensation or any elements of total compensation for employees, and (ii) its employee population or statistical sampling and/or other reasonable methods in determining the median employee.

    McGuireWoods LLP


    17 Alerts

    Trump Administration Announces New Travel Ban

    On September 24, the Trump Administration issued a proclamation which imposed new travel restrictions on certain nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen.

    Effective immediately, nationals of Iran, Libya, Somalia, Syria and Yemen are subject to restrictions if they were covered by the previous travel ban, unless they have a bona fide relationship to a person or entity in the United States, are otherwise eligible for an exemption, or are granted a waiver.

    Baker, Donelson, Bearman, Caldwell & Berkowitz, PC


    36 Alerts

    Eighth Circuit Holds That Threat of Future Harm Insufficient to Satisfy Article III Standing

    In concluding that plaintiffs' allegations of misuse were insufficient to satisfy the injury-in-fact requirement, the court noted that only one unauthorized credit card charge (of an unspecified date and amount) [was] alleged to have occurred in the fifteen-month time period following the data breach that affected over 1,000 of [d]efendants stores.

    Despite the insufficient allegations of a risk of future harm, the Court held that plaintiffs had sufficiently alleged actual misuse of a named plaintiff's data, which satisfied the injury-in-fact element of the Article III standing requirement with respect to that plaintiff.

    Arent Fox LLP


    32 Alerts

  • Thursday, September 21, 2017 8:58 AM | Anonymous member

    Trump Administration Issues New Guidance for Automated Driving Systems

    The new voluntary guidelines, titled Automated Driving Systems: A Vision for Safety, are intended to encourage innovation in the industry and are being touted as the administration's "new, non-regulatory approach to promoting the safe testing and development of automated vehicles." One of the most important aspects of these guidelines is the NHTSA's clarification of its view of the delineation between the roles of the states and the federal government with respect to ADS technology.

    Ballard Spahr LLP


    42 Alerts

    USCIS Resumes Premium Processing for Some Categories of Applicants Seeking H-1B Visas

    The U.S. Citizenship and Immigration Services (USCIS) announced, on September 18, 2017, that it has resumed premium processing for all H-1B visa petitions subject to the fiscal year (FY) 2018 cap.

    USCIS had originally announced on March 3, 2017 that it would be suspending the premium processing program for all H-1B petitions received on April 3, 2017 or later, including all of the cap-subject H-1B petitions for FY 2018.

    Ogletree, Deakins, Nash, Smoak & Stewart, P.C.


    27 Alerts

    Competitor Collaborations During Hurricane Recovery

    In a statement issued by the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) on September 12, 2017 , the two agencies (the Agencies) acknowledged that joint efforts of limited duration by businesses to restore [] services more effectively and to assist the affected communities in recovering from the devastation may be beneficial and should not generally raise antitrust concerns. For example, businesses may need to enter into supply agreements with their closest competitors to gain access to key resources that are temporarily unavailable due to the storms.

    Mayer Brown


    22 Alerts

    CFIUS: President Blocks Lattice Semiconductor Corporation Acquisition; Senate Holds Hearing on Possible CFIUS Reforms

    The failed transaction is one of several recent proposed acquisitions by Chinese investors that has collapsed at least in part because of pressure from CFIUS.

    Davis Polk & Wardwell LLP


    8 Alerts

    Estate Planning Update September 2017 - The Equifax Data Breach

    Equifax, one of the three major credit-reporting agencies, recently reported a breach of its security.

    As described by Equifax, intruders obtained access to information including names, Social Security numbers, dates of birth and additional personal information of 143 million U.S. consumers.

    Day Pitney LLP


    24 Alerts

  • Thursday, September 07, 2017 10:07 AM | Anonymous member

    Dream Over? Trump Administration Announces Plans to Phase Out DACA

    The President's tweet confirmed Sunday's reports that the Trump administration will move forward with plans to wind down the Deferred Action for Childhood Arrivals (DACA) program following challenges to its legality by the attorneys general of several states.

    Seyfarth Shaw LLP


    19 Alerts

    Employer Victory: Federal Judge Invalidates 2016 Overtime Regulations

    In his summary judgment ruling, Judge Mazzant found that the DOL's 2016 revision to the regulations makes overtime status depend predominately on a minimum salary level, thereby supplanting an analysis of an employee's job duties.

    Ogletree, Deakins, Nash, Smoak & Stewart, P.C.


    35 Alerts

  • Wednesday, August 30, 2017 8:35 PM | Anonymous member

    Sanctions Update: U.S. Imposes Immediate Restrictions Relating to Venezuelan Securities

    The new sanctions prohibit U.S. persons from dealing in securities of the Government of Venezuela, including new debt of certain maturities, new equity, and previously issued government bonds, subject to certain exceptions set forth in general licenses issued concurrently by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC).

    Schulte Roth & Zabel LLP


    5 Alerts

    Second Circuit Reverses Itself on Insider Trading

    The court concluded that the law did not require a meaningfully close personal relationship between tipper and tippee, as Newman required, for a tippee like Martoma to be liable for trading on a tip provided as a gift.

    But for now, at least, the Newman decision's close personal relationship element, which appeared three years ago to pose a significant barrier to insider trading cases by the U.S. Attorney and the SEC, offers no defense to insider trading defendants.

    Bryan Cave LLP


    12 Alerts

    Beltway Buzz, August 25, 2017

    First, as we've noted multiple times in the Buzz, government funding runs out on September 30, and Congress will need to address this in order to avoid a government shutdown.

    Ogletree, Deakins, Nash, Smoak & Stewart, P.C.


    7 Alerts

  • Thursday, August 24, 2017 8:58 AM | Anonymous member

    Ninth Circuit in Spokeo: Inaccurate Consumer Reports Support Standing in FCRA Cases

    The U.S. Court of Appeals for the Ninth Circuit held that allegations that Spokeo Inc. published an inaccurate consumer report in violation of the Fair Credit Reporting Act established a concrete injury sufficient to confer Article III standing.

    Fenwick & West LLP


    17 Alerts

    New Executive Order on Infrastructure Ups the Ante on Streamlining the Environmental Review and Permitting Process

    The 11-page, highly detailed EO includes numerous procedures, deadlines, and directives for establishing plans, timetables, accountability and tracking systems, and consequences, all intended to succeed where previous administrations have failed in speeding up the environmental review and permitting process for major infrastructure projects.

    Close to the end of the lengthy EO, after pages devoted to the multiple moving parts of the new permitting and authorization processes, a short provision abruptly revokes EO 13690 of January 30, 2015 on "Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input," an Obama Administration directive that required federal agencies to take climate change into account in assessing flood risks in building infrastructure projects.

    Clark Hill PLC


    8 Alerts

  • Thursday, August 17, 2017 5:02 PM | Anonymous member

    Department of Labor to Propose 18-Month Delay in Applicability Date for Portions of Fiduciary Rule

    In the filing, the DOL stated that it has submitted to the Office of Management and Budget (OMB) proposed amendments to the Best Interest Contract Exemption and other exemptions that would effectively delay the applicability date of many of the requirements for fiduciaries to comply with the fiduciary rule until July 1, 2019.

    If the proposed amendments emerge from the OMB review process unchanged, then this would permit financial institutions to maintain their transition-period compliance practices for the time being, without an immediate need to move forward with resource-intensive plans to comply with the documentary, disclosure, and technological requirements included in the full BIC exemption.

    Ropes & Gray LLP


    80 Alerts

  • Wednesday, August 09, 2017 8:28 PM | Anonymous member

    OCC Requests Comment on the Volcker Rule

    The notice seeks specific information that would support revisions to the final regulation, building upon the recent recommendations related to the Volcker Rule in the US Department of the Treasury Report, A Financial System That Creates Economic Opportunities: Banks and Credit Unions. The OCC is seeking in particular information and data describing burdens or inefficiencies resulting from the current regulation and industry input regarding how particular revisions would alleviate those burdens or inefficiencies.

    Mayer Brown


    22 Alerts

    DOL Clarifies VETS-4212 Filing and Data Collection Periods

    Federal contractors still must file their VETS-4212 report this year between August 1 and September 30 using data pulled between July 1, 2017, and August 31, 2017.

    But for 2018 and beyond, federal contractors have the option of pulling the workforce data only once as of December 31 for both their EEO-1 report (filed by March 31), and VETS-4212 report (filed between August 1 and September 30).

    Ballard Spahr LLP


    11 Alerts

  • Wednesday, August 02, 2017 6:02 PM | Anonymous member

    SEC Issues Guidance on Regulation of Initial Coin Offerings

    The curators held themselves out as experts in, among other matters, the blockchain protocol, determined which projects would be voted on by DAO Token holders, addressed security issues and more generally held itself out in marketing materials as a group that investors could rely on for their managerial efforts.

    In a critical sentence that could impact other ICOs relying on the active participation of token purchasers to avoid coming under the Howey test, the SEC noted: [e]ven if an investor's efforts help to make an enterprise profitable, those efforts do not necessarily equate with a promoter's significant managerial efforts or control over the enterprise.

    Skadden, Arps, Slate, Meagher & Flom LLP


    24 Alerts

    Russia-Iran-North Korea Sanctions: Congress Makes a Statement

    The Act also requires the president to impose sanctions to block property and prohibit transactions with the IRGC or foreign persons who are officials, agents, or affiliates of the IRGC due to the IRGC's responsibility for implementing Iran's support for international terrorism, as well as its ballistic missile program.

    Requires the imposition of sanctions on foreign persons determined to have knowingly exported, transferred, or otherwise provided to Syria significant financial, material, or technological support that materially contributes to the Syrian government's ability to acquire or develop defense articles (including conventional and unconventional weapons and delivery systems).

    Cozen O'Connor


    11 Alerts

    Senate Fails to Advance Health Care Reform Bill; Next Steps Remain Uncertain

    In the short-term, it remains uncertain how Congress will proceed on health care reform, which may place greater emphasis on the Trump Administration's actions regarding questions on the stability of the individual market.

    Baker, Donelson, Bearman, Caldwell & Berkowitz, PC


    54 Alerts

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